Judge upholds original child custody agreement

On behalf of Ann Watson of Higdon, Hardy & Zuflacht, L.L.P. posted in child custody on Thursday, June 23, 2016.

When a couple in Texas divorces, they are often left to decide what is in the best interest of their children. For one out-of-state man, that includes preventing his former wife’s boyfriend, a convicted sex offender, from having contact with his children. While this child custody provision was included in their original divorce agreement, the mother has recently made an unsuccessful attempt to have the provision overturned.

The couple divorced in 2015 and have two young children together. At the time, the woman was dating a man who had been convicted of criminal sexual conduct in 1994. As a result of the conviction, he is to be listed on the state registry of sexual offenders until 2020. At the time of the divorce, the woman claims that their relationship was not serious and that the man was planning to move away; however, they are now reportedly intending to marry, prompting her quest to have the provision removed, a move that has been challenged by her ex-husband.

The father of the young children, argued that the mother’s change of circumstance does not merit a change in the original agreement, arguing that it should only be changed if it is in the best interest of the children. Although he questioned the children’s safety, several friends of the boyfriend testified that they did not consider him a threat to their children. Ultimately, the judge ruled in favor of the father, saying there was no good reason for a change.

When creating an agreement regarding child custody and divorce, it is often important to consider the long-term implications of certain provisions. In many cases, changing circumstances can result in provisions that become inconvenient but are difficult to change. Having an experienced family law attorney in Texas provide advice regarding such agreements can provide insight into the sometimes unexpected consequences of such provisions.